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LREB 315 Midterm Exam

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LREB 315 Midterm Exam True or false: Law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeye... d and followed by citizens subject to sanctions or legal consequences is a law. - ANS - True True or false: The Constitution of the United States of America is the supreme law of the land. - ANS - True True or false: A typical State Court Systems contains: Limited-Jurisdiction Trial Courts, General Jurisdiction Trial Courts, Intermediate Appellate Courts and highest State Court. - ANS - True In the Hertz Corporation v. Friend case, the United States Supreme Court held that Hertz's corporate headquarter is not to be considered in diversity of citizenship jurisdiction. - ANS - False True or false: In the International Shoe v. State of Washington case, the United States Supreme Court stated that in personam jurisdiction was established by International Shoe's minimum contacts in the State of Washington as such contacts were systematic and continuous. - ANS - True True or false: A plaintiff can bring a lawsuit against a defendant after the applicable statute of limitation expired. - ANS - False True or false: In the Walmart Stores v. Dukes case, the united States Supreme Court held that the case did not qualify for class action certification because the workers filing suit had little in common. - ANS - True True or false; In Walmart Stores v. Samara Brothers, the United States Supreme Court held the secondary meaning provision of the federal Lanham Act can be ignored because Walmart copied and sold Samara's clothing designs. - ANS - False True or false: Certain checks and balances are built into the United States Constitution to ensure that no one branch of the federal government becomes too powerful. - ANS - True True or false: Under the Supremacy Clause, federal laws preempt state laws that are in conflict. - ANS - True True or false: Under State Police Power, states delegated all power to regulate business to the federal government, including intrastate commerce. - ANS - False True or false: In Heart of Atlanta Motel v. United States, the US Supreme Court held that the challenged provisions of the Civil Rights Act of 1964 were constitutional as a proper exercise of the commerce power of the federal government. - ANS - True True or false: In Synder v. Phelps, the United States Supreme Court held that the military funeral picketing by the Westboro Baptist Church members was not protected by the First Amendment Free Speech provisions because it upset individuals attending the funerals. - ANS - False True or false: A tort is a civil wrong, other than a breach of contract, for which the law provides a remedy. - ANS - True True or false: Under the doctrine of contributory negligence, a plaintiff who is partially at fault for his or her own injury can recover against the negligent defendant. - [Show More]

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